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HomeMy WebLinkAbout10/1/2019 - Minutes0A.M.. MROANOKE COUNTY PLANNING COMMISSION 7836 PUBLIC HEARING MINUTES OCTOBER 1, 2019 Commissioners Present: Mr., Wayne Bower Mr. Troy Henderson Mr. Rick James Mr. Paul Mahoney Mr. Jim Woltz Staff Present: Mr. Philip Thompson, Secretary Ms. Mary Beth Nash, Senior Assistant County Attorney Ms. Becky James Mr. Alex Jones Ms. Cecile Newcomb Ms. Alyssa Dunbar Ms. Susan McCoy, Recording Secretary Work Session Mr. Henderson called the meeting to order at 4-05 p.m. Approval of Acleinda I Mr. Mahoney made a motion to approve the agenda, Vis 5-9 Approval of Minutes Mr. James made a motion to approve the minutes of September 3, 2019, which passed 5-0. Consent Agenda Mr. Thompson provided an overview the petition of Roanoke Valley Resource Authority, including a brief history of the request, zoning, proffered conditions, and concept map. He stated a community meeting will be held at Masons Cove Elementary School, on October 17, 2019, at 6:00 p.m. Mr. Jones provided an overview of the Fellowship Community Church petition, including future land use designation, zoning, concept plan, parking, and property access. Staff and the Commissioners discussed the history of the property, traffic flow, and connectivity of walk ways. Ms. James provided an overview of the petition of David and Stace Todd, including a brief history and setback issues. Ms. James, Mr. Thompson, and the Commissioners discussed accessory apartment use and design standards, setback requirements, and enforcement history, Mr. Mahoney made a motion to approve the consent agenda, which passed 5-0. Page 1 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2019 Citizen Comments There were none. Commissioners' and Staff Comments Mr. Thompson stated that the geotechnical report and crash diagram regarding Lewis Gale Medical Center petition have been included in the packet for review. Mr. Thompson, Ms. Nash, and the Commissioners discussed procedural issues. Mr. Thompson and the Commissioners discussed proffered conditions. Mr. Thompson reviewed a Board of Supervisors resolution regarding firearms. Ms. Nash discussed the statute and the Attorney General's opinion. Mr. Thompson stated this item will be on the agenda for discussion at the next Planning Commission Work Session Mr. Henderson adjourned the meeting for site viewing at 4:58 p.m. EVENING SESSION Mr. Henderson called the Public Hearing to order at 7:03 p.m. Mr. Bower gave the invocation and led the pledge of allegiance. 1. The petition of Balzer and Associates, Inc. to obtain a Special Use Permit for a broadcasting tower (television tower) approximately 92 feet in height with an antenna approximately 53 feet in height (total height approximately 145 feet) in an AG -3, Agricultural/Rural Preserve, District on approximately 10.83 acres, located near the 8100 block of Honeysuckle Road, Windsor Hills Magisterial District. Ms. Newcomb presented the staff report including a PowerPoint presentation. She reviewed the current zoning, future land use designation, and concept plan. Mr. Ben Crew, Balzer and Associates, Inc., stated he is the agent for Gray Television Group, Inc. He introduced Mr. John Thomas, WDBJ Television, Inc., and Mr. Brian Blake, Blake Construction of VA, Inc. Mr. Crew provided an overview of the request, including a brief history of the petition. He discussed the need for the new tower, noting there is an increase in wireless data transmission. He stated the new tower will meet the design criteria. He stated they are currently using a temporary auxiliary tower. Mr. Woltz inquired about Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) regulations. Mr. Crew discussed this issue, noting FAA and FCC permits had been obtained. Mr. Woltz inquired if the new tower would be lighted. Mr. Crew stated it have a strobe light during the day and red light at night. Mr. Woltz inquired about the old 4 -leg tower. Mr. Crew stated the 4 -leg tower would be removed after the new tower is in operation. He stated the 3 -leg tower would remain as an auxiliary tower in case of an emergency need for power. Mr. Thomas discussed this issue, noting they would have to switch the power over to that tower if needed. Mr. Mahoney inquired about including the removal of the 4 -leg tower in the conditions. Mr. Crew stated the applicant is agreeable to adding removal of the 4 -leg tower after the new tower is in operation to the conditions. Mr. Henderson opened the public hearing for public comment. Page 2of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2015 With no citizens requesting to speak, Mr. Henderson closed the public hearing. Mr. Waltz made a motion to recommend approval of the special use permit with conditions as amended: 1. The maximum height of the broadcasting tower and antenna shall be 150 feet. 2. The existing 4 -leg tower will be removed from the site once the new tower is operating. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: AYES: Bower, Henderson, James, Mahoney, Woltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, October 8, 2019 at 3:00 p.m. 2. The petition of Lewis Gale Medical Center to rezone approximately 1.44 acres from R-1, Low Density Residential, District to C-1, Low Intensity Commercial, District for a medical office — free standing emergency room, located at 1423 West Ruritan Road, Hollins Magisterial District. Ms. James presented the staff report, including zoning, traffic impact analysis (TIA), geotechnical report, concept plan, landscaping, and buffering. She reviewed citizen input received at the community meeting regarding traffic, noise, construction blasting, future land use designation, and proffered conditions. Mr. Dan Layman, Esquire, spoke representing Lewis Gale Medical Center. He provided an overview of the request, noting the freestanding emergency room would be an extension of the emergency room at the hospital. He stated it would be about fifteen to twenty minutes closer to the citizens than the nearest hospital. He stated there would be about ten professionals and one doctor at the facility twenty-four hours per day and seven days a week. He stated the majority of the patients would come to the facility in private vehicles. He stated the facility needs to be easy to find and access with a signalized intersection. He stated the location of the property is what has driven this location, He stated many neighbors are still upset about the Chick-fil-A experience. He stated the staff would be on twelve hour shifts, noting staff would be arriving at non -peak hours. He stated they estimate forty patients will be treated within each twenty-four hour period. He stated that the proposed turn lane will help patients and other traffic waiting on restaurant traffic. He discussed the TIA, noting the proposed use will have little effect on the length of the traffic line at the West Ruritan Road intersection. He discussed the future land use designation of transition along the main arterial line of the highway. He stated the proposed use is one of the softer uses which would buffer and benefit the area. Page 3 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2019 Mr. Adam Crunk, P.E., Crunk Engineering, LLC, provided a PowerPoint presentation, including the site plan, entrances, landscaping, buffering, and lighting. He stated the lighting would be shielded and dumpster screened. He discussed elevation and grading of the property. He reviewed the geotechnical study, including results from borings and site cross-sections. He discussed excavating techniques and topography, noting rock is visible on the northern end of the site. He stated rock is much deeper than they plan to excavate at the building site. He stated they will proffer no blasting on this property. Mr, Woltz inquired about cross-section C. Mr. Crunk stated that would be at the back side of the building. Mr. James inquired if there was any rock to the west of boring cross-section C. Mr. Crunk stated there was not. He stated the depth of the cut is 2 feet below the boring. Mr. James inquired about stormwater issues. Mr. Crunk stated there were no problems with boring cross-section B-3. Mr. Bower inquired about the depth of boring being 20 feet. Mr. Crunk affirmed the boring was 20 feet with no rock. He noted the existing house on property has a basement. Mr. Layman stated that they will not know if there is rock at the site until they start to build. He stated if they find rock they will dig it out and if needed use a jack -hammer. He stated they will monitor Mr. Roop's property and be held libel for damage. Mr. James inquired about TIA. Mr. Brian Blevins, P.E., VDQT, stated they concur with the TIA, noting the proposed use will not have a significant impact during peak hours because it is a low volume generator. He stated the proposed right-hand turn is the only thing which is needed. He stated the restaurant and proposed use would not conflict with each other. He stated they are trying to coordinate signalization in this area. Mr. James inquired about accidents in this area. Mr. Blevins stated the vast majority of the accidents are rear -end collisions similar to the Tanglewood Mall area on Route 419. He stated on this road traffic flows mostly east in the evening and west in the morning. He stated there has not been much of a change since the 2015 traffic study was completed Mr. Henderson opened the public hearing for public comment. Ron Roop, 1431 West Ruritan Road, stated that on page 4 and page 5 of the survey it says that when they were boring they did hit hard rock. He discussed sheet 1 of the aerial photo, noting that test borings were not made along the ridge at the northerly property line where shale protrudes above the surface. He stated protruding rock should meet their definition of shallow depths. He stated that on page 1 of the layouts there will be excavation near his property line, noting he is concerned about his home. He stated the grocery development did damage to his property which was further away from his home. He stated if you compare sheet 1 and sheet 2 layouts, the bored test holes are not aligned with the building and parking lot locations which are on plans submitted to the County. He stated Lewis Gale made him an offer for his property but then refused his counteroffer, Mr. Roop stated he was providing handouts to the Commission which he was not going to make public at this time. Page 4 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2019 David Frady, 3926 Challenger Road, stated there are plenty of existing lots available for this use. He stated he and his wife have lived in their home fifty years. He stated he has the right to live without a business coming into the neighborhood. He stated traffic backs up from Chick-fil-A to Kroger and jam the lanes, noting people come over into the snow lanes. He stated the road has 18 -wheelers and logging trucks that cannot get out of the way of an ambulance. He stated he sees two wrecks per week. He discussed concerns regarding sirens. He stated they have said there will be no medical waste but they will have bathroom waste. He stated he does not want his dogs on his property to get sick, He discussed issues regarding traffic on West Ruritan Road, noting people have come through his yard from Chick-fil-A. He stated residents should have right to live without businesses in the neighborhood. He stated other places have already been graded for development. He stated Lewis Gale will regret this location because it is not easy to enter or exit. Nancy Miller, 1717 Asbury Court, stated there is always glass in road from accidents. She stated traffic blocks Route 460 West. She stated people in the turn lane do U-turns. She stated there are too many houses, noting three subdivisions are located in the area with over one -thousand homes. She stated an ambulance would have difficulty. She stated more lanes should be added to give residents more access, noting no U-turns should be allowed at this intersection to make Route 460 safer. She stated they could use an emergency room in the area but there is too much traffic congestion. She asked that the safety of the citizens be considered. Robin Geisler, 2305 Coachman Drive, expressed concerns regarding traffic. She asked why they are adding to the traffic mess. She stated they knew that they would get a neighbor but not a business open twenty-four hours a day. Brian Wheeler, 2527 Barnaget Drive, stated the proposed use would be a benefit to the Bonsack area but is concerned about traffic congestion. He stated there are more and more accidents on this stretch of road. He stated he has two daughters and has told them to be careful. He discussed adding a turning lane off of West Ruritan Road. He discussed accidents and traffic being in a deadlock. He stated an emergency room would be good but he is concerned about the intersection. Donald Dutton, 5026 Carter Lane, stated there are several places to put this business, noting this location is dangerous. He discussed wrecks which have happened 100 feet from the County line including when a lady was leaving the Kroger medical center. He stated the area has grown with Kroger and CVS. He stated he is getting older and may need this type of facility. Chris Craft, 1501 East Gate Avenue, stated this use will impact the County, City, Botetourt, and Bonsack. He stated it will help the Roanoke County Fire and Rescue Department's response time. He stated Richfield Retirement Center will be completed soon. He stated the Wildwood Civic League stands behind the proposed use. He stated VDQT and the State need to take care of the traffic issues. Page 5 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2019 Richardo Stovall, 1719 Asbury Drive, stated he is a retired nurse. He stated he likes the idea but wants to know why Lewis Gale is not using other sites which are easy in and out access. He discussed issues regarding West Ruritan Road when vehicle turn into the emergency room. He also discussed vehicles having to cross over traffic when exiting. He stated it is a bad location. He stated he is not against the emergency room but is against the location. Mike Rowland, 3928 Challenger Avenue, stated ambulances will be coming in 24 hours per day beside residential area and traffic. He stated at least every three days there is a wreck in this area. He stated the use will be a nightmare. He discussed concerns regarding his well water, noting he is not on City water. Shabo Karkenny, 1635 West Ruritan Road, stated he also owns 1430 West Ruritan Road. He stated the property has always been residential both East Ruritan Road and West Ruritan Road. He stated other properties are available which are already graded. He stated he bought property for his son to live in but the smell from Chick- fil-A is obnoxious. He stated the traffic is promised to be low impact but Lewis Gale is commercial and will operate 24 hours a day. He stated his son wanted to move in but not now. He stated the driveway of his rental property is directly across from the site. He provided a letter from his renters regarding the proposed use. He stated neighbors will suffer from this use. With no other citizens requesting to speak, Mr. Henderson closed the public hearing. Mr. James inquired about the number of ambulance trips which would be made to the facility. Mr. Layman stated approximately ten ambulance trips per week would bring someone to the facility, noting the majority of patients would come in private vehicles. Mr. James inquired about the reason this site was chosen. Mr. Layman discussed property availability, noting traffic anywhere on this corridor will be an issue. Mr. James inquired about the Certificate of Need criteria. Mr. Lance Jones, CEO, Lewis Gale Medical Center, discussed the process of certification, noting the State has granted the Certificate of Need. Mr. Bower inquired about regulations regarding ambulance sirens. Mr. Jones stated localities have regulations regarding sirens, noting he would not expect sirens when the ambulances are turning into facility. Mr. James inquired about the waste in the outside dumpsters. Mr. Jones stated no medical waste or patient information will go into the dumpsters, noting they have a contract for removal of waste. Mr. Bower inquired about other uses allowed by -right in this zoning district. Ms. James stated uses allow in C-1 zoning are general office, bank, daycare, schools, veterinary office, and personal service. Mr. Thompson noted the property is currently R-1 and the other uses discussed are for C-1 zoning. Mr. James stated the future land use designation is transition, noting the future land use was adopted in 2005. Mr. Thompson stated it goes back to 2005 and possibly to 1998. Mr. Bower noted the project is consistent with the future land use designation. Page 6 of 8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2019 Mr. Woltz stated the property is going to develop. He noted the State of Virginia has issued a Certificate of Need for the facility in this area. He stated he does not think noise will be a major impact. He stated if there has to be a use under C-1, this use has the least impact, noting people will appreciate having a place for treatment when there is an emergency. Mr. James questioned not approving the petition based on traffic which will likely increase without this facility being developed. Mr. Mahoney stated three primary issues have been presented, which include traffic, feeling the emergency room would be in the wrong place, and geotechnical study issues. He stated the Commission has to base its findings on the statistics. He stated the petitioner will proffer no blasting. He stated the property is located in the future land use designation of transition. He stated he understands complaints about Chick-fil-A but that use has already been approved. He noted the proposed use is less intense than Chick-fil-A. He referred to Mr. Layman's letter dated March 28, 2019, to Mr. Lane Jones. He stated although all have legitimate concerns, he would support the petition. Mr. James discussed the geotechnical surveys, noting the applicant heard the concerns of citizens. Mr. Mahoney stated he would like to have had the surveys at the community meeting, noting it may have alleviated some concerns of the citizens. Mr. Woltz made a motion to recommend approval of the rezoning with the proffered conditions: 1. The site shall be developed in substantial conformance with the Lewis Gale FSED Rezoning Concept Plan prepared by Crunk Engineering, LLC and dated August 9, 2019, subject to any changes required by the County of Roanoke during the site plan review process. 2. The building shall be developed in substantial conformance with the architectural rendering for the Lewis Gale Freestanding Emergency Room filed with the application subject to any changes required by the County of Roanoke during the building plan review process. 3. The applicant shall contract with a private ambulance company to maintain an ambulance to be immediately available, at all of the times during which the free- standing emergency facility is open to the public and operating, to provide transportation for patients of the facility who require transfer to a hospital. 4. No blasting will be conducted on the property during the excavation, grading and preparation of the site and the construction of the building and other improvements. Mr. Bower stated it is consistent with the future land use designation. He stated traffic will be mitigated by the right -turn lane. He noted that he is pleased there will be no blasting. He stated unfortunately Chick-fil-A is there and successful but that issue is not part of this application. He stated with the proffered conditions he will vote in favor of the petition. Mr. Thompson called the roll and the motion passed (5-0) with the following vote: Page 7of8 ROANOKE COUNTY PLANNING COMMISSION MINUTES OCTOBER 1, 2099 AYES: Bower, Henderson, James, Mahoney, Waltz NAYES: None ABSTAIN: None Mr. Thompson stated the Board of Supervisors Public Hearing regarding this petition will be held on Tuesday, October 22, 2019 at 7:00 p.m. Citizens' Comments There were none. Comments of Planning Commissioners and Planning Staff Mr. Thompson stated Ms. Megan Cronise has been promoted to Planning Administrator. He provided a status update regarding the positions of Principal Planner and Transportation Planner. Final Orders 1. The petition of Donald and Elaine Kepple to rezone approximately 4.6 acres from 1-2, High Intensity Industrial, District to AR, Agricultural/Residential, District for the construction of single family dwelling, located at 6121 Peaceful Drive, Catawba Magisterial District was approved by the Board of Supervisors at a Public Hearing on September 24, 2019. With no further business or comments, Mr. Henderson adjourned the meeting at 8:50 p. M. Respectfully Submitted: L Susan McCoy Recor&2Secretary, Roanoke Znty Planning Commission bz;� Philip Tyfimpson Secret ry, Roanok( Planning Commission Troy Heoeysor4----' Chairm n,/Roanoke County Planning Commission Page 8 of 8